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- Point in Time (06/04/2020)
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Version Superseded: 26/10/2020
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9A.—(1) During a transmission control period, the Secretary of State may, in accordance with the other provisions of this rule, temporarily release a prisoner falling within a description specified in a direction made under this rule.
(2) A prisoner may only be released under this rule (subject to paragraph (3)) if—
(a)a transmission control period is in effect; and
(b)the prisoner is—
(i)a fixed term prisoner subject to release pursuant to section 244 of the 2003 Act; or
(ii)a fine defaulter or contemnor subject to release pursuant to section 258 of the 2003 Act; and
(c)the Secretary of State is satisfied that the temporary release is—
(i)for the purpose of preventing, protecting against, delaying or otherwise controlling the incidence or transmission of coronavirus; or
(ii)for the facilitation of the most appropriate deployment of personnel and resources in, or in connection with, prisons in England and Wales.
(3) A prisoner must not be released under this rule if—
(a)the prisoner would not be eligible for release on temporary licence under the following restrictions on rule 9 of these Rules (temporary release)—
(i)rule 9(1A) (prisoners with a relevant deportation status);
(ii)rule 9(6) (prisoners who have committed offences whilst at large following temporary release);
(iii)rule 9(9) (prisoners committed or remanded).
(b)the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003;
(c)the Secretary of State has classified the prisoner as Category A or restricted status in accordance with a direction under rule 7 (classification of prisoners).
(4) A description specified in a direction under this rule may be framed by reference to whatever matters the Secretary of State considers appropriate.
(5) A prisoner may be released under this rule for any period or periods and subject to any conditions.
(6) In particular, the Secretary of State may impose a condition which requires the prisoner to—
(a)report to a specified person at a specified place at a specified time;
(b)return to a prison at a specified time;
(c)comply with directions issued by the Secretary of State or another person.
(7) A prisoner released under this rule may be recalled at any time whether the conditions of his release have been broken or not.
(8) In this rule –
“coronavirus” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);
“the 2020 Act” means the Coronavirus Act 2020;
“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.]
Textual Amendments
F1Rule 9A inserted (6.4.2020 at 12.01 a.m.) by The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/400), rules 1, 2(2)
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